If you are going through a difficult period in your marital relationship and are unsure whether you should file for a divorce, a legal separation may be the best answer for you. While similar, there are differences between legal separation and divorce that will allow you to evaluate your relationship in order to conclude whether your marriage can be repaired.

In Riverside, a legal separation will allow you and your spouse to discuss, and potentially come to an agreement, regarding issues such as child custody, spousal support and property division but remain legally married. However, while legal separation does not terminate your marriage, most legal separations eventually end in divorce. If you are uncertain about whether divorce or legal separation is right for you, you should contact the experienced Orange County legal separation attorneys at Wallin & Klarich to guide you through this difficult process.

Differences between Legal Separation and Divorce in Orange County

There are several differences between legal separation and divorce. These differences include:

1. A legal separation will not change your marital status. This means that you will remain legally married to your spouse unless you go through the divorce process;
   • Many see this as ideal because both spouse’s rights to certain benefits, such as social security and medical insurance, will not be terminated if the parties are still legally married.
2. You will not be able to re-marry while you are legally separated;
3. There is not a residency requirement for obtaining a legal separation. Before you file for a divorce in Riverside, at least one party must have resided in California for at least six months. You can obtain a legal separation no matter how long you have lived in California;
4. Legal separations take effect immediately, whereas divorces force you to wait at least six months after you serve your spouse with the divorce.

Reasons for Choosing Legal Separation over Divorce in Orange County

While legal separation and divorce are similar and may eventually lead to the same outcome of termination of the marital status, there are several reasons that married couples choose legal separation over divorce. If any of the following reasons apply to you, a legal separation might be more beneficial than a divorce:

1. You cannot divorce due to your religious beliefs;
2. Neither you nor your spouse has resided in California for at least six months and you do not want to wait to file an action;
3. You or your spouse wants to retain the tax, military or medical insurance benefits of marriage;
4. You and your spouse want to determine whether it is possible to reconcile.

Call Wallin & Klarich Today

Determining whether you should file for a divorce or a legal separation in Orange County can be a difficult task. A skilled Wallin & Klarich legal separation attorney can assist you with this difficult decision so that you are aware of all of the rights and obligations associated with your decision.

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance and Sherman Oaks, we have someone to help you no matter where you are located. The legal separation attorneys at Wallin & Klarich have been successfully helping clients obtain legal separations for over 30 years. Call us today at (888) 749-7428 to speak with a skilled Orange County legal separation attorney. We will be there when you call.